Can Victims of Sexual Assault Face Criminal Charges?

 Posted on June 29, 2024 in Criminal Defense

Sexual assault is a crime that affects many people. Victims of sexual assault are likely to experience significant trauma, and unfortunately, this trauma may continue as they report the assaults they have experienced and seek justice for the harm they have suffered. In some cases, victims have been charged with crimes for making false reports to police. However, the Connecticut state legislature is taking action to address this issue and help protect the rights of victims.

Cases involving accusations of sexual assault can be complicated, and the rights of victims should be protected when they speak to law enforcement. At the same time, they should be treated with dignity and respect, taking care to acknowledge the trauma they have experienced and ensure that they can report what happened without fear of reprisal. For those who need to address these issues, an attorney can provide guidance while helping respond to potential criminal charges.

One Woman’s Story Raises Concerns About How Sexual Assault Victims Are Treated

Situations in which sexual assault victims may face criminal charges have been brought to the public’s attention through the story of Nicole Chase, who reported a sexual assault in Canton, Connecticut in 2017. In the aftermath of an assault by a coworker, she was unsure about whether she should come forward to report what happened, especially since she worried that she would not be believed because she had not fought back during the assault.

At first, Chase simply wished to document the incident to create a record of her experiences in case the man who assaulted her engaged in similar actions in the future. However, she was informed by police that she would have to make a formal complaint. She declined to do so at first, but later returned to the police department. She did not tell the entire story at this time, but she later provided more details when a police officer questioned her about whether she and the man had engaged in sexual contact. A few weeks later, the officer obtained a warrant for her arrest on charges of making false statements to police. The man accused of sexual assault was never charged with a crime.

For many sexual assault victims, this is an all too familiar experience. Police officers often treat victims as if they are suspects, using interrogation techniques rather than trauma-informed interview methods. Victims may change their stories because of the trauma they have experienced, because they remember new details, or because they are ashamed about what happened and worried that people will not believe them. Police who treat people with suspicion, refuse to believe them, blame them for the assaults they have experienced, and pursue criminal charges for making false statements are likely to re-traumatize victims while failing to address the actual crimes that have been committed.

Connecticut Takes Steps to Improve Sexual Assault Investigations

In response to this issue, the Connecticut General Assembly recently passed a bill that will create a new model policy for how law enforcement and the criminal justice system will handle allegations of sexual assault. This bill establishes a council that includes victims of sexual assault, police officers, judges, and other stakeholders who will work to put a new policy in place to ensure that investigations will be handled correctly while protecting victims from re-traumatization. The deadline for creating this policy is July 1, 2025.

The Connecticut Police Chiefs Association has also taken steps to implement new policies that may be followed until the statewide model policy is put in place. The Police Officer Standards and Training Council is planning to launch an interim policy in September 2024 that will ensure that trained investigators conduct investigations following reports of sexual assault. If an officer has probable cause to believe that a victim has made a false report, the case must be reviewed by the department’s police chief and the state’s attorney in the district before charges may be pursued.

Contact Our Connecticut Sexual Assault Lawyer

At Woolf Law Firm, LLC, we provide representation for people who have been charged with criminal offenses, including victims who may be accused of making false statements or people who have been accused of sexual assault. We understand the factors that may affect these cases, and we are dedicated to protecting our clients’ rights and making sure they are treated fairly. To arrange a free consultation, contact our Hartford sexual assault attorney at 860-290-8690.